Attorneys present differing accounts of fatal shooting

Published: Tuesday, November 27, 2012 at 12:34 p.m.

Last Modified: Tuesday, November 27, 2012 at 12:34 p.m.

DAYTONA BEACH – There is no dispute that Tony Shakeen Owens shot Clifford Dallas Baker on the evening of Sept. 25, 2010, prosecution and defense attorneys said Tuesday morning.

But even with two eyewitnesses testifying to that fact during Tuesday's opening of the 23-year-old Owens' first-degree murder trial, defense attorney Fernando Iglesias worked to raise doubt in the jury's mind that the shooting was premeditated.

“Cliff Baker and Tony Owens had a history of issues and violence,” said Iglesias during his opening argument. “There had been several fights where a lot of people, including Tony Owens, had been hurt.”

Iglesias said his client had not expected to run into the victim outside Baker's sister's New Smyrna Beach apartment on Greenlawn Street that evening nor had Owens any intent to shoot and kill him. But Baker, 26, of Oak Hill had no other reason to approach the defendant other than to start a fight with him, he said.

“He did not intend to pull a gun out except for Baker's threatening manner,” Iglesias argued.

As such, he said the prosecution cannot prove the charge of premeditated murder.

However, Assistant State Attorney Robin Hutcheson offered a different theory for the evening's events.

“Clifford Baker was murdered right before his sister's eyes,” she said in her opening. “He was shot six times, four times in the back.”

Baker and the prosecution's second eyewitness to the shooting, Derek Martin, were relaxing outside Charlene Green's apartment, talking with the mother of three when Owens stepped out of a neighboring apartment and walked into the parking lot, prosecutors said.

Green told the jurors, her brother walked up to Owens, supposedly to ask him about previous statements the New Smyrna Beach man had made to Green that if he saw her brother, he was going to take him out.

Green testified her brother was unarmed when he went up to Owens and she heard a “slap” followed almost immediately by Owens reaching into his waistband, pulling out a gun and starting shooting.

As Baker backed away, she said, Owens just stood there and kept firing.

“I heard six or seven shots,” Green said.

During his cross-examination, Iglesias questioned Green if she knew about any problems between the two men.

There had been arguments but no fights, she said, although there had been fights between the men's family members.

During his testimony, Martin said he never actually saw the gun but rather heard the shots and saw a muzzle flash.

He said Baker told him “that (expletive) shot me,” as he pulled the wounded man into the car.

Owens then fled on foot.

He was taken into custody the next day in the parking lot of the Walmart in Ormond Beach. In the trunk of the car Owens was in, police found a black duffel bag containing some of Owens' belongings and a gun.

<p>DAYTONA BEACH – There is no dispute that Tony Shakeen Owens shot Clifford Dallas Baker on the evening of Sept. 25, 2010, prosecution and defense attorneys said Tuesday morning. </p><p>But even with two eyewitnesses testifying to that fact during Tuesday's opening of the 23-year-old Owens' first-degree murder trial, defense attorney Fernando Iglesias worked to raise doubt in the jury's mind that the shooting was premeditated. </p><p>“Cliff Baker and Tony Owens had a history of issues and violence,” said Iglesias during his opening argument. “There had been several fights where a lot of people, including Tony Owens, had been hurt.” </p><p>Iglesias said his client had not expected to run into the victim outside Baker's sister's New Smyrna Beach apartment on Greenlawn Street that evening nor had Owens any intent to shoot and kill him. But Baker, 26, of Oak Hill had no other reason to approach the defendant other than to start a fight with him, he said. </p><p>“He did not intend to pull a gun out except for Baker's threatening manner,” Iglesias argued. </p><p>As such, he said the prosecution cannot prove the charge of premeditated murder. </p><p>However, Assistant State Attorney Robin Hutcheson offered a different theory for the evening's events. </p><p>“Clifford Baker was murdered right before his sister's eyes,” she said in her opening. “He was shot six times, four times in the back.” </p><p>Baker and the prosecution's second eyewitness to the shooting, Derek Martin, were relaxing outside Charlene Green's apartment, talking with the mother of three when Owens stepped out of a neighboring apartment and walked into the parking lot, prosecutors said. </p><p>Green told the jurors, her brother walked up to Owens, supposedly to ask him about previous statements the New Smyrna Beach man had made to Green that if he saw her brother, he was going to take him out. </p><p>Green testified her brother was unarmed when he went up to Owens and she heard a “slap” followed almost immediately by Owens reaching into his waistband, pulling out a gun and starting shooting. </p><p>As Baker backed away, she said, Owens just stood there and kept firing. </p><p>“I heard six or seven shots,” Green said. </p><p>During his cross-examination, Iglesias questioned Green if she knew about any problems between the two men. </p><p>There had been arguments but no fights, she said, although there had been fights between the men's family members. </p><p>During his testimony, Martin said he never actually saw the gun but rather heard the shots and saw a muzzle flash. </p><p>He said Baker told him “that (expletive) shot me,” as he pulled the wounded man into the car. </p><p>Owens then fled on foot. </p><p>He was taken into custody the next day in the parking lot of the Walmart in Ormond Beach. In the trunk of the car Owens was in, police found a black duffel bag containing some of Owens' belongings and a gun. </p><p> “The gun that killed Clifford Baker,” Hutcheson said.</p>